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Can you fight a CYS safety plan?

Altoona, PA | July 12, 2013 4:03pm

My sister has an infant son who was put on a safety plan due to my sisters life being in shambles with the law, etc. The issue is, CYS put our mother in charge of the safety plan. Our mother was a physically and emotionally abusive alcoholic who abandoned three of us when we were minors. Due to our past, I havent spoken to my mother in years as she will never change. When CYS put her in charge of the safety plan, I made contact via facebook because I want to be part of my nephews life. My mother has refused to let me see him, I believe due to the fact that I won't have a relationship with her. Can I fight my mother for custody of my nephew? I have documented proof of everything I am accusing her of. I am a federal employee who has a clear background check. HELP!

A lot of issues here. If you are concerned with the child's safety, you could contact CYS and give them this information about your mother. It might inspire them to investigate a bit further. You can let them know that you are available to help raise and care for the child. As for custody, does your sister still have custody?

Asker

Posted July 12, 2013 5:13pm

I have contacted CYS, the caseworker got quiet when I told her the information about my mother, and asked if this was documented anywhere. I offered her the proof of what I was telling her, but once again was not asked or questioned. From what I understand is that my sister does have custody, but cannot take the baby anywhere it is not specified on the safety plan, and that our mother rarely even lets her see her own child, as she has to be supervised to have him because she took the baby around his father who is not to have contact.

It sounds to me like you really need to consult with a local attorney experienced in family, including CYS, matters. I agree that you might try contacting CYS as my colleague has suggested. However, in addition, you should meet with an attorney. He or she may be able to help you navigate the treacherous CYS waters better than you are able to on your own. For several decades I've represented children and parents in CYS matters here in Delaware County, both as private counsel and as court-appointed, and know that sometimes it's hard even for the attorneys to get through all their protocols. You could really use some help.

Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.

This is not a simple question. Your sister certainly has the right to challenge this, which sounds like a voluntary agreement, not a court order. Whether you can do so independently is a more difficult question. As suggested, you can contact CYS as well as consult with a lawyer yourselfp

This is not intended to provide legal advice about your situation - just a few casual remarks about a legal question.
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